Kevin W. Davidson’s Answers

Kevin W. Davidson

Kaukauna Estate Planning Attorney.

Contributor Level 14
  1. Can someone tell me in lay terms what SSA §220 means?

    Answered about 3 years ago.

    1. Brian S Wayson
    2. Kevin W. Davidson
    3. Clifford Michael Farrell
    3 lawyer answers

    SSA section 220 - is an exemption to the other provisions of the chapter - It basically means that none of the provisions of Chapter 200 (42 U.S.C. 420) will apply if application of the specific provision would result in denial or reduction of otherwise payable benefits.

    10 lawyers agreed with this answer

  2. My business partner is embezzling

    Answered about 3 years ago.

    1. E. Martin Davidoff
    2. Kevin W. Davidson
    3. Mark M Cheser
    4. Robert John Murillo
    5. Michael Charles Doland
    5 lawyer answers

    As the others have already pointed out, whether or not the prosecutor's office decides to pursue criminal charges will be up to them and out of your control - but you've got to file the criminal complaint to get them to review the circumstances in the first instance. The one area where a criminal conviction can be of benefit when you also have civil damages, is in obtaining an order of restitution. If the partner is convicted of a criminal charge for theft or conversion of company property,...

    9 lawyers agreed with this answer

  3. Will the home that I live in (and is the only one I own) have to go through probate.

    Answered about 3 years ago.

    1. Marva Lynn Wiley
    2. Steven J. Fromm
    3. Kevin W. Davidson
    4. Richard Michael Morgan
    5. Frank Wanner Wagner III
    5 lawyer answers

    I would wonder why you are concerned about the house going through probate but not concerned about the remainder of the assets. If avoiding probate so your family does not have to be subjected to the costs, requirements, delays and publicity of the the process, there are different planning techniques available to address the entirety of your estate, rather than just keeing specific assets out a-la-carte. Some of the tools used, such as the revocable trust, or a life-estate deed, can also...

    8 lawyers agreed with this answer

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  4. I got into a car accident while driving my gf's car. I was at fault and her car was not insured. I am insured. What do I do?

    Answered about 3 years ago.

    1. Kevin W. Davidson
    2. Vincent Joseph Pravato
    3. John Elliott Leighton
    4. Christian K. Lassen II
    4 lawyer answers

    As to your father's insurance covering the loss, their letter denying coverage should have included a copy of the policy language on which they are basing the denial - and you are probably out of luck there. On the bill from the other driver's carrier, you do have some negotiating options. While you may have been in the wrong for making a turn where another had the right-of-way, you are not 100% at fault, and are not responsible for 100% of the other driver's damages. IF her total bill for...

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  5. Is my recreated logo legal to sell?

    Answered about 3 years ago.

    1. Kevin W. Davidson
    2. John E. Whitaker
    3. Maurice N Ross
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    While your design does vary some from the Blackhawks logo, Intellectual property law is a lot more complicated than "I created it... and it is very different." An accurate answer to your question can only be provided by thorough review of facts and circumstances by a competent intellectual property attorney. This will of necessity include a review and analysis of how far reaching the Blackhawks copy and trademark rights go. From a quick look at your design: As you have clearly utilized...

    8 lawyers agreed with this answer

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  6. How do I respond to a summons following Chapter 802 of the Wisconsin Statues?

    Answered about 6 years ago.

    1. Kennard Neal Friedman
    2. Kevin W. Davidson
    2 lawyer answers

    Generally, the defendant, once having been served with a Summons and Complaint, is required to file with the Court and serve upon the plaintiff or plaintiff's counsel a response to the allegations in the Complaint. This response is known as an Answer. There is a very limited time within which to file, so you may want to review this with an attorney to ensure you’re keeping up with the requirements. The attorney would also be able to help determine what defenses should be used and whether or...

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  7. What kind of trust is this?

    Answered about 3 years ago.

    1. Kevin W. Davidson
    2. Curtis Lamar Harrington Jr
    3. Inna Fershteyn
    3 lawyer answers

    You didn't specify which trust you want identified. The original trust sounds like a pretty standard 'family trust' with a split resulting after the first grantor passes. There are several reasons for doing this, often having to do with preserving maximum federal exemptions for estate taxes. If the husband and wife were trustees and had direct access to the marital trust, that is a standard revocable trust. The survivor's trust (that half of the marital trust for which wife continues as...

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  8. If an attorney general is trying to make you into a criminal what to do.& Can I sue him.

    Answered about 3 years ago.

    1. Richard Earl Hornsby
    2. Kevin W. Davidson
    3. Royce Brent Bishop
    4. L. Maxwell Taylor
    4 lawyer answers

    I would add, get a good lawyer and soon, or you will become a convicted criminal. It is difficult to acertain from your question just how the attoney gerenal is trying to make you into a criminal. Is he/she requesting that you engage in criminal acts? Is he/she investigating you for potential criminal activities? Is he/she trying to convict you of a crime that you've been charged with?

    7 lawyers agreed with this answer

  9. How do I sufficiently state a claim upon which relief can be granted in a complaint in order to survive a motion to dismiss?

    Answered about 3 years ago.

    1. Michael Charles Doland
    2. Paul Y. Lee
    3. Frank Wei-Hong Chen
    4. Michael S. Haber
    5. Barbara L. Horan
    6. ···
    6 lawyer answers

    While the previous answers have put a serious face on the answer, and I agree with them in describing inclusion of required elements, etc. I would suggest that the answer to your question could be found by attending law school and practicing law, specifically litigation and motion practice, for a few years. At some point you just have to know when to retain experienced counsel. The answer is as simple as "to state a claim, which, if proven as fact, the law provides some remedy," or, put...

    7 lawyers agreed with this answer

  10. What are my rights in this tenant/landlord issue?

    Answered about 3 years ago.

    1. Kevin W. Davidson
    2. Peter M. Navis
    3. Maryellen Sullivan
    3 lawyer answers

    While I agree with both the previous answers in the "try to work it out directly with your landlord" area, there are some additional considerations in what you've related that may turn the tables in your favor. Under the Wisconsin Statutes and related Administrative Code, the landlord has a limited amount of time (21 days), from the time you vacate the premises to provide you with a written accounting of any damages he/she intends to withhold from your security deposit. If no such writing...

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